News & Analysis as of

Preliminary Injunctions Germany

A&O Shearman

How to commence main proceedings before the UPC: deadlines and court fees

A&O Shearman on

Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of...more

WilmerHale

The Rising Threat of German Patent Litigation: Are You Ready?

WilmerHale on

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery on

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

McDermott Will & Emery on

The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

MoFo Tech

Recent Developments Regarding Patent Injunctions In Germany

MoFo Tech on

The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when...more

King & Spalding

“Traffic Light” Nutri-Score for Food – Unlawful Food Labeling in the EU?

King & Spalding on

Manufacturers of food products need to meet the requirements of food laws and expectations of consumers, who are seeking more information about the healthfulness of food products. Many manufacturers are responding by...more

McDermott Will & Emery

German Court Issues First-Ever Anti-Suit Injunction

On 11 July 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019

Trump to Sign Order Seeking to Clear Gas Pipeline Hurdles - "The administration, which is pushing a policy it calls energy dominance, has been considering an order that would push back against states, including New York,...more

McDermott Will & Emery

Ex Parte Proceedings Without Defendant Involvement Violate German Constitutional Law

McDermott Will & Emery on

In two recent decisions, the German Federal Constitutional Court declared preliminary injunctions (PIs) unconstitutional if they are granted without hearing or advance notice to the defendant. Case Nos. 1 BvR 1783/17, 1 BvR...more

Hogan Lovells

Germany: Federal Constitutional Court declares preliminary injunction without cease and desist letter and hearing unconstitutional

Hogan Lovells on

In its decision of 30 September 2018 (1 BvR 1783/17), the German Federal Constitutional Court [Bundesverfassungsgericht – BVerfG] ruled that a preliminary injunction issued in a press...more

Hogan Lovells

U.S. + Germany Patent Newsletter

Hogan Lovells on

Supreme Court Upholds Constitutionality of IPRs, Requires PTAB to Decide Validity of All Challenged Claims - Oil States Energy Services v. Greene’s Energy Group & SAS Institute v. Iancu (24 April 2018)....more

Hogan Lovells

German Supreme Court remains claimant-friendly on cease and desist orders

Hogan Lovells on

Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more

Orrick - Employment Law and Litigation

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution...more

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